President Trump and Special Counsel Jack Smith presented opposing arguments on how the January 6 case will proceed in a joint status report filed late Friday ahead of a status conference scheduled for September 5.
On Tuesday Jack Smith impeached President Trump AGAIN in DC following the Supreme Court ruling on presidential immunity.
As TGP reported last week, Special Counsel Jack Smith opted out of conducting a ‘mini trial’ before the November elections and has carefully revised the case of January 6 against Trump after the Supreme Court’s presidential immunity decision according to a leak to Bloomberg.
Prosecutor Jack Smith presented evidence to a new grand jury to rehear the case after the Supreme Court ruled Trump could not be prosecuted for ‘official acts’ as president.
The Grand Jury indicted Trump on the same four charges announced last August: Conspiracy to defraud the United States, conspiracy to obstruct official proceedings, obstruction and attempted obstruction of official proceedings, and conspiracy against rights.
Trump’s lawyer insists that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he was US President.
In the Jack Smith indictment last August, prosecutors alleged that President Trump sought to use the DOJ to help him overturn the results of the 2020 election.
In a new 36-page indictment, prosecutor Jack Smith claimed Trump’s actions were not ‘official acts’ because the rally was privately funded and “privately organized.”
Jack Smith acquitted Trump’s top DOJ official Jeffrey Clark of the superseding indictment based on the Supreme Court’s immunity ruling.
In a new indictment, Federal prosecutors argue that Trump used his X/Twitter account for “personal purposes.”
In a joint status report filed Friday night, Jack Smith said the presidential immunity established under Trump does not apply to categories in the superseding indictment that federal prosecutors will pursue in court.
“The Government proposes to file a preliminary brief that will explain why the immunity established in Trump does not apply to the category of charges in the amended indictment or the category of additional evidence that is not specified that the Government intends to introduce in court and will. proffer in the brief,” Jack Smith the prosecutor write in a joint status report reviewed by The Gateway Pundit.
Trump’s lawyers came out swinging in the status report, dismantled Jack Smith’s superseding charges and confirmed that President Trump will move to eliminate the Special Counsel for inappropriate appointments and use of non-appropriated funds.
President Trump’s proposed pre-trial schedule:
“President Trump reserves the right to challenge the new indictment, and the grand jury process, as a matter of law,” Trump’s lawyers wrote.
“Here, President Trump considers several challenges to the Superseding Indictment, each of which must be resolved as a matter of law and would obviate the need for further proceedings,” Trump’s lawyers wrote.
“We believe, and hope to demonstrate, that this case should end as a matter of law,” they said.
Trump’s lawyers say the former president is immune from prosecution after the Supreme Court’s ruling on presidential immunity.
In addition, Trump’s lawyer pointed out that the Supreme Court has determined that communications with Vice President Mike Pence are “presumed immune”.
“That is, in Trump, the Supreme Court said that President Trump “is at least considered immune from prosecution for” all alleged attempts “to force the Vice President to perform certain actions related to his role in the certification process.” he said.
However, Jack Smith continued Trump’s communication with Mike Pence in his superseding indictment.
“Additionally, while continuing to strongly maintain that many of the classes of conduct alleged in the Superseding Indictment are immune—including, but not limited to, Tweets and public statements regarding the 2020 federal Presidential election, communications with state officials regarding federal elections, and Voter-related Allegations alternative—President Trump could file a motion to dismiss the special focus on the use of the Special Counsel’s allegations against Vice President Pence, along with other potential key threshold motions,” Trump’s lawyer said.
Judge Tanya Chutkan, an Obama appointee, will decide how the case goes after the Supreme Court’s presidential immunity ruling.
A status conference is scheduled for September 5.
